1 | 1 | | 25.780.9 100th Legislative Session HCR6004 |
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4 | 4 | | 2025 South Dakota Legislature |
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5 | 5 | | House Concurrent Resolution |
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6 | 6 | | 6004 |
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13 | 13 | | Introduced by: Representative Mulally |
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15 | 15 | | Underscores indicate new language. |
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16 | 16 | | Overstrikes indicate deleted language. |
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17 | 17 | | A CONCURRENT RESOLUTION, Affirming the state's rejection of carbon dioxide 1 |
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18 | 18 | | pipelines and urging President Donald Trump to avoid interfering with the 2 |
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19 | 19 | | Summit Carbon Solutions carbon dioxide pipeline through exercise of federal 3 |
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20 | 20 | | eminent domain powers. 4 |
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21 | 21 | | WHEREAS, South Dakotans oppose federal overreach and prefer state and local 5 |
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22 | 22 | | government to be free from federal intervention; and 6 |
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23 | 23 | | WHEREAS, the voters of this state have rejected legislative attempts to expedite the 7 |
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24 | 24 | | approval of the Summit Carbon Solutions carbon dioxide pipeline project by voting against 8 |
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25 | 25 | | Referred Law 21 by fifty-nine and two-fifths percent of the vote in November 2024; and 9 |
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26 | 26 | | WHEREAS, the House of Representatives of the One Hundredth Legislature of the State of 10 |
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27 | 27 | | South Dakota passed House Bill 1052, with a vote of 49-19, to prohibit the exercise of eminent 11 |
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28 | 28 | | domain for a pipeline that carries carbon oxide; and 12 |
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29 | 29 | | WHEREAS, U.S. Const. amend. V prohibits the taking of private property for public use 13 |
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30 | 30 | | without just compensation; and 14 |
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31 | 31 | | WHEREAS, South Dakotans generally oppose federal policies associated with the Green 15 |
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32 | 32 | | New Deal and federal tax dollars being used to promote the policies; and 16 |
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33 | 33 | | WHEREAS, corporations within the energy sector are capitalizing on the false premise of 17 |
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34 | 34 | | a looming climate apocalypse by introducing carbon capture and sequestration projects into 18 |
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35 | 35 | | South Dakota and North Dakota, which contemplate the use of eminent domain to acquire 19 |
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36 | 36 | | land across various states, affecting numerous landowners and communities; and 20 |
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37 | 37 | | WHEREAS, the affected landowners and communities have expressed strong opposition to 21 |
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38 | 38 | | the use of eminent domain, arguing that it unjustly benefits a private entity at the expense 22 |
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39 | 39 | | of the affected landowners' property rights and local autonomy, demonstrating that there is 23 25.780.9 2 HCR6004 |
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40 | 40 | | Underscores indicate new language. |
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41 | 41 | | Overstrikes indicate deleted language. |
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42 | 42 | | a need for greater transparency, community involvement, and rigorous environmental and 1 |
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43 | 43 | | safety assessments in the planning and implementation of large-scale infrastructure projects; 2 |
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44 | 44 | | and 3 |
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45 | 45 | | WHEREAS, there are substantial unanswered questions about the environmental benefits, 4 |
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46 | 46 | | associated risks, and long-term viability of carbon capture and sequestration projects; and 5 |
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47 | 47 | | WHEREAS, the use of federal tax credits, including any tax credit available pursuant to 26 6 |
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48 | 48 | | U.S.C. ยง 45Q (January 1, 2025), is a boondoggle wasting federal taxpayer dollars, which only 7 |
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49 | 49 | | adds to the national spending and debt crisis; and 8 |
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50 | 50 | | WHEREAS, President Donald Trump received sixty -one and fifty-three one-hundredths 9 |
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51 | 51 | | percent of the vote in this state in the 2016 presidential election; and 10 |
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52 | 52 | | WHEREAS, President Donald Trump received sixty -one and seventy -seven one-11 |
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53 | 53 | | hundredths percent of the vote in this state in the 2020 presidential election; and 12 |
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54 | 54 | | WHEREAS, President Donald Trump received sixty-three and forty-three one-hundredths 13 |
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55 | 55 | | percent of the vote in this state in the 2024 presidential election; 14 |
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56 | 56 | | NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the One 15 |
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57 | 57 | | Hundredth Legislature of the State of South Dakota, the Senate concurring therein, that the 16 |
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58 | 58 | | South Dakota Legislature condemns the use of eminent domain for carbon dioxide pipelines 17 |
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59 | 59 | | and calls for an immediate halt to any use of eminent domain for carbon capture and 18 |
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60 | 60 | | sequestration projects; and 19 |
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61 | 61 | | BE IT FURTHER RESOLVED, that the South Dakota Legislature urges relevant 20 |
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62 | 62 | | governmental bodies to seek alternative solutions that do not infringe upon the property rights 21 |
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63 | 63 | | of individuals, that respect environmental and safety concerns, and that involve meaningful 22 |
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64 | 64 | | consultation and consent from affected communities; and 23 |
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65 | 65 | | BE IT FURTHER RESOLVED, that the South Dakota Legislature opposes the use of state 24 |
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66 | 66 | | moneys to educate the public on benefits of carbon capture and sequestration that are 25 |
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67 | 67 | | contrary to the will and interests of private property owners; and 26 |
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68 | 68 | | BE IT FURTHER RESOLVED, that the South Dakota Legislature opposes the fascism of 27 |
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69 | 69 | | mutually beneficial partnerships between government and private energy corporations 28 |
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70 | 70 | | created under the pretext of climate change; and 29 25.780.9 3 HCR6004 |
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71 | 71 | | Underscores indicate new language. |
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72 | 72 | | Overstrikes indicate deleted language. |
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73 | 73 | | BE IT FURTHER RESOLVED, that the South Dakota Legislature supports legislation that 1 |
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74 | 74 | | prevents the infringement of individual property rights without just compensation and 2 |
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75 | 75 | | provides legislative oversight of administrative rules that carry the force and effect of law; 3 |
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76 | 76 | | and 4 |
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77 | 77 | | BE IT FURTHER RESOLVED, that the South Dakota Legislature urges President Donald 5 |
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78 | 78 | | Trump to resist pressure to exercise federal eminent domain power in states and localities 6 |
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79 | 79 | | that have voted against the use of eminent domain for carbon capture and sequestration and 7 |
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80 | 80 | | any other Green New Deal project, even if the project benefits traditional energy companies. 8 |
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